Notice of Hearing - Never Informed

My ex filed for a motion to modify custody & I was never mailed / notified anything about a modification hearing, which lead to me not being there the day of the hearing. The court records show that the certificate of service was filed, but it was mailed through the post office. So how can I prove that it was never sent, since they didnt choose certified mail?

Also, the judge they requested on the calendar request, I used to work with him when he was an attorney. Is that not grounds for conflict of interest with the judge and judgement?

If an order to modify was entered, you may need to file a motion to set it aside due to the fact that you were never made aware of the court date. Perhaps you can check USPS records (if they are kept that long) to prove what mail you did and didn’t receive for the few days following the date of the certificate of service).

That does sound like a conflict in which the judge may need to recuse himself from hearing evidence in your case.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.